ML20195K000

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FOIA Request for Records Re 881109 Decision to Certify to Commission Appeal of OL-3 Decision to Dismiss Govts in Licensing Proceeding
ML20195K000
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 11/17/1988
From: Belair R
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
NRC
References
FOIA-88-572 NUDOCS 8812050109
Download: ML20195K000 (2)


Text

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1?RTR1 C01CT DIAL NUMBER 1412) 3 % 4 900 (202) 778-9023 November 17, 1988 FREEDOM OF INFORMATlT1 A bEOUE3I HAND DELIVERED Director, Office of Administration fora-8o

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Nuclear Regulatory Commission Room 4210 Marp -d National Bank Building 7735 e d Georgetown Road Bethesda, Maryland 20814 Re: Freedom of Information Act Request Gentlemen:

On behalf of our client, Suffolk County, Long Island, New York, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. S 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thcrounder, 10 C.F.R. Part 9, copies of correspondence, memoranda, notes, reports, or other recorded materials regardless of physical form or characteristic

("records") in the possession or cos.%rol of the NRC relating to:

a decision made of a November 9, 1988 meeting at which the NRC determined to certify to the Commission the appeal of the OL-3 Licensing Board's decision to dismiss the Governments in the Shorehrm licensing proceeding.

In the event that access is denied to any of the records responsive to this request, please supply the following information:

a. Identify the record or withheld portion of the record and specify the statutory basis for the denial, as well as your reason for believing that an exemption applies, as required by 10 C.P.R. S 9.10(b).
b. Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R. 9 9.5(b).
c. Supply a detailed statement of the content of the withneld record or portion thereof, along with the date on which that record or portion thereof was written; its section heading or title; And an identification of any persons or entities who 8812050107 001117 PDR Fain BELAIR80-572 PDR

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KIRKPATRICK & LOCKHART

. Director, Office of Administration Nuclear Regulatory Commission November 17, 1988 Page 2 have received copies of such records or portions thereof, as required by applicable case law. Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).

d. Separately state your reasons for not invoking your discretionary power to release the allegedly exempt records or portions thereof.

The undersigned will pay charges for search time and copying fees, as provided by FEMA regulations, 10 C.F.R. @ 9.14. If search a.id copying fees to be incurred by the undersigned will exceed $2,000.00, please notify Rose Hlaing at (202) 778-9245 before thi.s sum is exceeded. Any questions or comments concerning shis request may also be directed to Ms. Hlaing.

We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required by the FOIA, and as set forth at' 10 C.F.R. . @ 9. 9 (a ) .

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Robert R. Belair l

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